International Journal of Specialized Islamic Studies

Volume 7 - Issue 3 (1) | PP: 142 - 156 Language : العربية
DOI : https://doi.org/10.31559/SIS2022.7.3.1
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An Introduction to Comparative Jurisprudence

Ayman Mohammed Haroush
Received Date Revised Date Accepted Date Publication Date
30/7/2022 15/8/2022 21/8/2022 4/10/2022
Abstract
Islamic jurisprudence has several historical phases. It developed in terms of form and content. It started with ijtihad at the time of the Companions and their followers, then moved to the emergence of schools of jurisprudence and doctrines, then it became to pure tradition, then comparative jurisprudence appeared in its primitive form, then it developed in our time until it became one of the most prominent features of the role Contemporary jurisprudence and the emergence of a comparative jurisprudence study. Contemporary comparative jurisprudence relied on the study of contentious issues between the sects with the statement of the evidence for each sect, the fundamentalist rules on which it based its sect, the discussion of each sect in its evidence, its strength and weakness, the point of inference and its consistency with the rules of assets, then weighting according to the rules of scientific research. The emergence of comparative jurisprudence has had a significant impact on enriching the jurisprudence library, expanding the jurisprudential mindset among researchers, bringing together schools of thought, eliminating sectarian fanaticism, fairness of scholars in their differences, refining the jurisprudential ownership of researchers, and transferring fundamentalist rules from theorizing to practical application. In this research, we present an introduction to comparative jurisprudence, in which we explain the concept of comparative jurisprudence, the date of its inception, its benefits, the method of research in it, and observations on it, and we make recommendations for researchers in jurisprudence in particular and in controversy in general.


How To Cite This Article
Haroush , A. M. (2022). An Introduction to Comparative Jurisprudence. International Journal of Specialized Islamic Studies, 7 (3), 142-156, https://doi.org/10.31559/SIS2022.7.3.1

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